In New South Wales e-micromobility devices like e-scooters are exempt from vehicle registration and, therefore, the Compulsory Third Party (CTP) insurance scheme. While shared scheme operators are required to have public liability, third-party property damage, and personal accident insurance, individual owners of e-micromobility devices have limited options for private insurance coverage.
The government wants to 'wait and see', stating in its response it;
'commits to exploring options for e-micromobility insurance, including potential settings, considering the need for people injured by devices to be effectively supported, affordability, existing insurance settings and viability of those arrangements.'
And;
'As better data on e-micromobility devices is collected the NSW Government will be able to better assess the viability of different insurance models and determine the most appropriate insurance framework for riders'.
The Royal Australasian College of Surgeons NSW branch stated in its June 2024 submission to the upper house Inquiry that:
'NSW surgeons manage an exponentially rising number of injuries sustained by people riding or injured by e-mobility devices. Over 22,000 of these devices are now owned privately within New South Wales. Each day in NSW, faciomaxillary surgeons, neurosurgeons, orthopaedic surgeons, plastic reconstructive surgeons and general surgeons assist in the care of those injured in this rising pattern of injury observed in the last decade in New South Wales.'
Since their introduction, e-scooter related trauma has increased substantially, with injuries and deaths in riders, passengers and pedestrians placing further pressure on first responders (ambulance and police) as well as hospital and health systems. National and international studies have documented injuries related to e-scooter use and report that both riders and other road and path users, such as pedestrians, are vulnerable to harm. Since their introduction in Australia there have been at least three fatalities from riding e-scooters, and data collected from three emergency departments in Brisbane found 952 related presentations.
The most common injuries caused by electric scooter related traumas are primarily upper limb fractures and head and facial injuries. Whilst some of these injuries are minor and only require admission to an emergency department, or treatment by a GP, there are many that require longer stays in hospital, with treatment from surgical teams and subsequent prolonged rehabilitation. In a New Zealand study, almost 40% of cases required admission to a specialty service. This puts an increased burden on hospital resources and can profoundly affect the lives of the individual with loss of work and inability to care for themselves or others. Injuries and trauma have most occurred in males of the younger cohort and transpired in the afternoon and night times, most frequently later in the week...
The RACS supports the following recommendations to improve e-mobility safety:
• Infrastructure
Greater provision of protected and connected infrastructure, and clear signage, for e- mobility device use, including non-shared paths that safely separate different transport modes.
• Mandatory helmets
Riders must always wear an Australian Standards approved helmet that is securely fitted to their head.
• Single riders
There should only be one person riding an e-mobility device at any time. Riders must not carry passengers.
• Speed Limits
E-mobility devices must be speed limited, recognising that more research is needed to establish safe and appropriate speed limits for various types of riding infrastructure (e.g., shared paths, bike lanes, roads).
• Mandatory warning devices
All private and public e-mobility devices should be fitted with and required to use working bells and lights (front and back) to alert pedestrians and others nearby of their presence.
Bicycle NSW, a lobby group for cyclists, said in its submission it strongly supported the spread of micromobility devices. E-bikes, the group said, hugely contributed to efforts to decarbonise transport and create quieter, calmer streets.
They included photos of a high school in Manly Vale, which had one bike parked outside in July 2022, and 93 two years later, or around 8.5 per cent of students there.
This will be no surprise to locals, who have been encountering e-bikes being ridden by children over all footpaths for a few years now.
A 20 km/h e-bike, while generally considered slow, can still pose a significant risk to pedestrians, especially if it's a shared path where pedestrians and cyclists are mixed. The risk stems from the increased speed and weight compared to standard bicycles, potentially leading to collisions and injuries, particularly if pedestrians are unaware of the approaching e-bike, travelling at speed, or have mobility or vision impairments.
The NSW Government stated it is moving forward with a 'safety-focused framework for e-scooters and e-bikes that includes rules and speed limits for e-scooters on shared paths, a review of road rules and work to ensure e-bikes are not modified and battery fires reduced'.
The Government’s response is to the recommendations from the 2024 Parliamentary inquiry into the use of e-scooters, e-bikes and related mobility options.
The Government states its response builds on its E-micromobility Action Plan, released last year.
''There are more than a million e-bikes and e-scooters in NSW and we continue to prepare rules for their legal use outside of the current trial areas.'' the Government said in a released statement
''The Government is proposing e-scooters will be able to be ridden on shared paths, with a default speed limit of 10-20kmh and a 20kmh speed limit on roads that are signposted at 50kmh and below.''
The use of e-scooters would be legal for independent riders over 16 years old, in line with Victoria, South Australia, Tasmania, Queensland and Western Australia, the Government announced.
The Pedestrian Council of Australia Ltd pointed out in its submission:
''Melbourne City Council has banned Share Hire e-Scooters; Following a 2 year trial, numerous complaints and over $2 million in hospital costs, the MCC has banned Share-Hire e-Scooters. The Parliamentary Committee must carefully study the reasons. A referendum in Paris last year resulted in 90% of the voters wanting them banned and Paris has also banned them. Data was also released that in the two year trial, e-Scooter hospital admissions had cost over $2 million.
The Pedestrian Council of Australia Ltd stated in its submission:
In 2022, then Transport Minister Rob Stokes, changed the maximum wattage on pedelecs (eBikes) from 250 watts to 500 watts. 250 watts is the standard in all other states and territories, in the UK and throughout Europe. We conducted a GIPA (FoI) and discovered only two stakeholders were consulted: The e-Scooter Assn (who did not respond) and Bicycle Retailers Assn who opposed the idea as did TfNSW. Our request to discover who wanted the change was either not provided or redacted. This now means that anyone riding a 500 watt e-Bicycle outside NSW (eg) from Albury to Wodonga, will be riding and Unregistered and Uninsured motor-vehicle. This secret and completely unsupported decision should be reversed.
''... tens of thousands of FatBoy e-Bikes have been sold. A huge percentage have been souped up. ... The Fatboy e-Bikes can be souped up with the twist of the throttle and pressing a button, allowing them to travel at up to 50 km/h without pedalling. It’s widely known that many Food Delivery Riders have souped up e-Bikes. This issue is literally out of control in some areas with absolutely no enforcement, no rules and no insurance. ''
Transport for NSW, in its 'Responses to post-hearing questions' regarding a decision to increased the e-bike capacity to 500 watts from 250 watts, stated:
In November 2022, Transport for NSW provided advice to the then Minister for Active Transport on the potential to increase the maximum wattage of e-bikes in NSW from 250w to 500w.
The advice outlined the definition of ‘electrically power assisted cycles’ (EPACs) in the federal law and recommended that the Minister request a review by the Australian Government. The Minister, in approving this request to the Federal Minister, also requested that the change be implemented in NSW by early 2023.
In December/January 2022, relevant Ministers approved regulatory changes to increase the maximum permissible continuous rated output only of an electrically power assisted bicycle (permitting bicycles up to 500w). Other requirements that applied to EPACs, including the maximum speed at which the motor must progressively reduce and cut-out (25km/h), were retained.
Increasing the permitted wattage of an e-bike (specifically an EPAC) from 250w to up to 500w was intended to increase the appeal of e-bikes as a mobility option for parents carrying children, or riders with heavier loads and/or living in areas with steep inclines/hills. The Ministers were advised that there may be importation, enforcement and safety considerations associated with permitting use of e-bikes that were not aligned with the federal definition.
Transport for NSW conducted targeted consultation with key agencies and e-bike providers January 2023 in parallel to preparing the regulatory changes, which came into effect in February 2023.
The Government states it is not proposing any new speed limits for e-bikes.
Work is going on to create a better framework for shared e-bike schemes that will reduce clutter on streets.
The Government states that ''E-bikes must be mostly propelled by riders; a motor cannot be the only source of power and is there to help riders, for example when getting started or going uphill''.
''E-bikes that comply with requirements in the Road Rules are defined as ‘bicycles’ and the same rules and responsibilities apply to riders of an e-bike as a traditional bicycle''.
The Government states that NSW Police are responsible for the enforcement of road transport offences for illegal e-bikes.
To help ensure the ongoing safety of road legal e-bikes, the NSW Government states it will review the definition of an e-bike in the NSW Road Rules, with reference to a national definition and international standards.
''E-bikes and e-scooters can bring many benefits to help people move around in a healthy and affordable way, reduce congestion, demand for parking, and boost our economy and environmental outcomes.'' the government states
Others have pointed out that previously people walked to the shops, instead of utilising these devices, and have stated that was a healthier option than jumping on an e-scooter or e-bike.
The latest data released by the Government states that in NSW:
- there are around 1.35 million e-micromobility devices in NSW homes
- 47% of people use them to connect to public transport
- 34% of trips replace car trips in Greater Sydney, 45% in Regional NSW
- the highest usage is among those aged 18-29, followed by 11-17, followed by 30-49 including working parents.
The government has stated action is already under way and the majority of the inquiry recommendations are supported, including:
- reviewing the definition of an e-bike and potential for footpath riding in the NSW Road Rules
- establishing safety standards and risk-based protocols to reduce the likelihood of battery fires, with nation-leading product safety requirements for lithium-ion e-micromobility devices
- boosting rider and road user education, with new voluntary tests, campaigns, and updates to in-school road safety education programs and the Driver Knowledge Test online
- considering appropriate fines and opportunities to in collaboration with NSW Police
- ongoing investment in critical infrastructure and improving future design of shared paths
- greater collection of e-bike and e-scooter data to improve safety outcomes.
In the coming months, the Government will progress the proposed regulation of e-scooters and Road rule changes will be supported by communication initiatives to build awareness of all community members. For more information about how to safely use this emerging transport mode, visit the Riding bikes, e-bikes and e-scooters in NSW web page.
The NSW Government provides Rules for where you can ride each device: Use the table below to determine where and how fast you can ride your device.
Minister for Transport John Graham said:
“They’re known as ‘micro’ devices but e-bikes and e-scooters represent a major shift for our road and transport networks.
“We believe a sensible set of rules will promote the health and lifestyle benefits of e-bikes and e-scooters while protecting the safety of riders and everyone else sharing the paths and roads with them.
“These devices are creating an evolution in how people move around – and that’s a good thing, but we need to get the balance right. There’s still a lot of work to do but this provides a clear path forward when it comes to properly integrating and regulating this relatively new form of transport.
“We recognise the community’s concerns, particularly around device modification, fire risk, discarded shared e-bikes and poor rider behaviour – which is why we’re taking action.”
Minister for Roads and Minister for Regional Transport Jenny Aitchison said:
“Thousands of people in NSW are already making the shift to e-micromobility as a healthy, cost effective and environmentally friendly way to move around urban and regional communities. It’s pleasing we’re able to progress this key reform.
“We know there is confusion around the current rules and we’ve seen some dangerous behaviour, so we’re urging people to exercise caution. E-bike riders should always give way to pedestrians, wear a helmet and check their device is road-legal. It is currently illegal to ride an e-scooter on public roads and paths.”
The Council stated it welcomed NSW Government action on e-scooters and e-bikes, with improved safety initiatives, better clarity on rules and the commitment to education and road safety campaigns.
'However, Council remains concerned on lack of regulation on the use of e-bikes on footpaths and shared paths and no firm commitment to improve enforcement.' the council said in a statement
Mayor Sue Heins said the government had addressed many of the issues Council highlighted.
“Northern Beaches Council has led the way in advocacy on e-bike regulation and education, responding to the explosion of e-bike use in our area and the significant safety concerns raised by our community,” Mayor Heins said.
“In fact, we launched the first e-bike education campaign of its kind in Australia with our “Know the Code” campaign which had great engagement and has seen a reduction in complaints raised to Council.
“But so much more is needed. Our community will welcome the NSW Government speed limits on e-scooters, the review of NSW Road Rules and commitment to investment in infrastructure.
“However, it is a missed opportunity to not implement new speed limits on e-bikes on footpaths. The rule that allows a 12-year-old on a fat bike to ride at the same speed on the footpath as on the road next to it is an obvious safety risk for pedestrians and should have been a key consideration in the government’s response.
“All the rules in the world can be put in place but we know that without enforcement they will be ineffective. This government response lacks detail on how Transport for NSW and NSW Police will work to improve enforcing the regulations.
“We will continue our advocacy on these key safety issues.
“I am encouraged to see the commitment to boosting both rider and driver education, including to the Driver Knowledge test and in-school education.”
Mayor Heins said the Federal Government also had a role to play to strengthen regulations governing the importation of e-micromobility devices.
“Great to see the NSW government step up and start to give a real focus to the safety issues. Now we need the Federal Government to turn its attention to ensuing e-bikes and e-scooters being imported comply with the rules too.”
New NSW Government regulations fail to tackle problems with e-bikes, says Jacqui Scruby, independent MP for Pittwater
The NSW Government’s response to the Parliamentary Inquiry into the use of e-scooters, e-bikes and related mobility options won’t tackle the issues with both legal and illegal e-bikes here on the Northern Beaches, according to Jacqui Scruby, independent MP for Pittwater.
“E-bikes are booming on the Northern Beaches and, while they offer freedom and are part of a cultural shift, the NSW government must do more on education, safety and enforcement - and I’m worried they’re not interested,” said Ms Scruby.
“Pedestrians want to feel safe on footpaths and the weight of heavy e-bikes coupled with excessive speeds, means they are at risk. I’ve had numerous emails from constituents feeling unsafe or having near misses as well as serious accidents in the community already.
“I have concerns that the NSW Government will allow more e-scooters and e-bike riders on footpaths at higher speeds than is safe. Their position on e-bikes [as opposed to scooters] is unclear and I will be pushing for a maximum speed of 10km/hr on footpaths, for riders under 16 years only.”
Ms Scruby notes, “You can have all the rules and regulations in the world but if there’s no education or enforcement they are as good as non-existent.
“To keep up with the e-bike boom, the government should require licences for all ages, rego and insurance - like we do for boats - but it’s clear that these types of reforms are not on the agenda,” said Ms Scruby.
“My focus will be on licensing and registration in the long term, but pushing in the short term for education campaigns, possibly delivered through schools, and better enforcement, particularly to target helmet use and modified illegal e-bikes which are effectively mopeds.”
“It’s Road Safety Week and on the one hand we have the government holding its Roundtable for Motorcycle Safety but on the other, turning a blind eye to the fact we have unregistered, uninsured, modified e-Bikes being ridden at the same speeds, by unlicensed drivers wearing no protective gear, not even a helmet. This is coupled with an enforcement vacuum.”
Greens MP and chair of the inquiry into the use of e-scooters, e-bikes and related mobility options, Cate Faehrmann, has welcomed the Government’s response to the inquiry’s recommendations but has urged against any further delay in regulating shared e-bike schemes, particularly in relation to dedicated parking infrastructure.
“E-bikes and e-scooters are some of the safest, cleanest, and most efficient ways to get around. It’s encouraging to see the Government is continuing to progress its proposed regulatory reforms for legalising the use of e-scooters in public places in NSW,” said Ms Faehrmann.
Under the proposed changes, e-scooters will be permitted on shared paths and roads with speed limits of 50 km/h or less, with device speeds capped at 20 km/h.
“Legalising e-scooters and encouraging the uptake of e-bikes doesn’t mean much if there’s nowhere safe to ride them. We need connected networks and infrastructure that makes walking, riding and rolling the easiest and safest way to get around.
“Unfortunately, it appears as though the Government is content with leaving councils to deal with the problems that the rapid growth in shared e-bike schemes has created. It’s disappointing that the committee’s recommendation that the Government work with councils to establish a metropolitan-wide shared e-mobility device scheme and impose a cap on the number of operators wasn’t supported.
“The Government stated that it partially supports the recommendation to develop a plan for the provision of parking infrastructure for shared e-bikes and e-scooters. However, we were quite clear about the need for dedicated parking bays which ideally would be no more than 200m apart in high-density areas as well as allocating existing car spaces and ensuring e-mobility parking on all resurfacing and new road projects.
“Instead of biting the bullet and working with councils to ensure there is parking infrastructure for shared e-bike schemes like the vast majority of cities in other jurisdictions do, NSW has to make do with a vague ‘hybrid approach’ of ‘free-floating parking’ and designated parking areas marked by geo-fencing or marked with signs or unmarked.
“Everyone in Sydney will tell you that this current ‘hybrid approach’ when it comes to shared e-bike parking is a total disaster and that’s why the committee made the recommendation it did.
“In relation to the recommendation to amend the Road Rules 2014 to allow e-mobility devices on footpaths, as in other states with riders having to give way to pedestrians at all times, and a maximum allowed speed of 15km/h, the Government has said it will review the road rules. Given the rapid growth in the use of e-bikes and e-scooters on our roads and paths, I look forward to working with the government and the community on this important review,” said Ms Faehrmann
''It’s clear our road rules haven’t kept up with the growing popularity of e-bikes and this is letting too many riders get away with riding that’s dangerous for them as well as other road users and pedestrians.
''Unfortunately, the Government’s response to the broad suite of recommendations by our committee, has focused on the regulation of e-scooters but when it comes to e-bikes, including shared e-bike schemes, it’s still in the too-hard basket.
New South Wales is an outlier when it comes to the power output of e-bikes available, with bikes able to be bought with a continuous rated power output of 500 watts compared to 250 watts in other states. This change was made in 2023 and now more than half the e-bikes in NSW are more than 250 watts.
The Government states that NSW remains aligned with national requirements and that as a rider accelerates above 6 km/h the motor output will progressively reduce and cut out when the speed reaches 25km/h, or when pedalling stops and the speed exceeds 6km/h.
However, that doesn’t mean much when the Government’s own research shows that 57% of riders between the ages of 18 and 29 have modified their e-bikes to override these controls.
It’s not good enough that the Government’s response to this serious safety issue is to ‘review the definition of an e-bike in the NSW Road Rules, with reference to a national definition and international standards’. It’s already overridden the national standard for e-bikes when it comes to power, so I don’t have much hope that it’s going to want to now rein in more than half the bikes on the road.''
On the lack of insurance for those impacted as either pedestrians or riders, and the potential of ongoing medical costs as a result, Ms Faehrmann stated:
''The issue of insurance was a huge concern to many stakeholders who participated in the Inquiry. Insurance coverage, for both personal and third party injury and property damage, is almost impossible to access for riders of e-bikes and e-scooters in NSW.
Based on evidence that was put to the parliamentary inquiry, it’s clear there needs to be much consideration given to the appropriate settings for a viable model for first and third party insurance. Currently, at fault riders (or potentially parents of those under 18 years) could be found personally liable for injuring someone and risk losing all their assets, including their home to pay compensation to the injured party.
The Government’s response to our recommendations on this was that it’s ‘exploring options’ and that it ‘needs more data to determine the most appropriate insurance framework for riders’. At the very least they should commit to an options paper and a concrete timeline to develop a viable model for e-mobility insurance because this issue isn’t going away and will become increasingly urgent.''
The report, Use of e-scooters, e-bikes and related mobility options, includes three findings and 34 recommendations. The NSW Government's response to the report was due by 13 May 2025.
On the same day the report was released the Northern Beaches Council stated it encourages the NSW government to implement the recommendation of the NSW Parliamentary Inquiry on the use of e-scooters, e-bikes and related mobility options handed down today.
In October 2023 the Council called on the NSW Government to review the current road rules to improve public safety and protect pedestrians, riders and motorists from e-bike accidents.
The Council has been a strong advocate for reforms in this area due to the rise of e-bikes across the LGA and the lack of rules and education to ensure they can be operated in a safe way.
In May 2024 the Council launched an E-Bike Safety Campaign to tackle the issues associated with the spike in e-bikes through an education and behavioural change to help riders know the road rules, ride safely and respect other road uses.
An earlier Pittwater Online report shared a link to a video of young men, two of whom sustained serious injuries, after the motorised scooter they were on collided with a small hatchback on Glossop Street in St Marys. Three teenagers in all were riding the electric scooter on the road, at speed, when it went through a red light and crashed into a white hatchback, the force of the crash throwing them around metres through the air.